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2019 (2) TMI 1950 - SC - Indian LawsInterpretation of statute - Article 239AA of the Constitution of India - Status of National Capital Territory of Delhi (NCTD) - administration of NCTD powers exercisable by and functions of the elected Government of NCTD (GNCTD) vis-a-vis the Central Government (or to put it more precisely in juxtaposition to the Lieutenant Governor (LG) of GNCTD as nominee of the President of India) - HELD THAT - The word services used in the Act has been used in a manner of providing services for fire prevention and fire safety measures. The word services has not been used in a sense of constitution of a service. It is to be noted that fire service is a municipal function performed by local authority. Delhi Municipal Council Act 1957 contains various provisions dealing with prevention of fire etc. Further fire services is a municipal function falling within the domain of municipalities which has been recognised in the Constitution of India. Article 243(W) of the Constitution deals with functions of the municipalities in relation to matters listed in the 12th Schedule. Entry 7 of the 12th Schedule provides for Fire Services as one of the functions of the municipalities. The nature of the enactment and the provisions clearly indicate that Delhi Fire Services Act falls under Entry 5 of List II and not under Entry 41 of List II - The distribution of Legislative powers of State and the Parliament is provided under Articles 245 and 246 of the Constitution. Article 246 which provides for subject-matter of laws made by Parliament and by the Legislatures of States. It is relevant to notice that Article 246 clause (3) which provides for exclusive power to make laws for such State or any part thereof uses the expression with respect to any of the matters enumerated in List II in the Seventh Schedule . The expression used in Article 239AA(3)(a) i.e. in so far as any such matter is applicable to Union Territories connotes different expression. There is a difference between the Legislative powers of the State and the Union Territories which is apparent by use of different expressions in the Constitution. While inserting Article 239AA in the Constitution the Parliament was well aware about the functioning of the Union Territories and extent and controls of powers to be given to the Union Territories by constitutional amendment. Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Legislative Assembly of GNCTD there is no occasion to exercise any Executive power with regard to Services by the GNCTD since the Executive power of the GNCTD as per Article 239AA(4) extend in relation to matters with respect to which Legislative Assembly has power to make laws. With regard to Services GNCTD can exercise only those Executive powers which can be exercised by it under any law framed by the Parliament or it may exercise those Executive powers which have been delegated to it. Application disposed off.
Issues:
1. The powers of GNCTD vis-a-vis Lieutenant Governor in respect of matters connected with 'services'. 2. The exclusion of the jurisdiction of the Anti-Corruption Branch (ACB) of the NCTD to investigate offences committed under the Prevention of Corruption Act, 1987 by the officials of the Central Government. 3. Whether the GNCTD is an “appropriate Government” under the Commission of Inquiry Act, 1952. 4. Whether under Section 108 of the Electricity Act, 2003 and under Section 12 of the Delhi Electricity Reforms Act, 2000, the power to issue directions with the State Commission is with the Government of NCT of Delhi. 5. Whether the Revenue Department of the GNCTD has the power to revise the minimum rates of Agricultural Land (Circle Rates) under the provisions of Indian Stamp Act, 1899. 6. Whether it is the Lieutenant Governor or the GNCTD which has the power to appoint the Special Public Prosecutor under Section 24 of the Cr.PC. Issue-wise Detailed Analysis: 1. The powers of GNCTD vis-a-vis Lieutenant Governor in respect of matters connected with 'services': The Supreme Court examined whether the exclusion of 'services' from the legislative and executive domain of the NCT of Delhi, as per the notification dated May 21, 2015, was unconstitutional. The Court noted that 'services' were not within the legislative competence of the Delhi Legislative Assembly as per Entry 41 of List II. The Court observed that the term 'State public services' and 'State Public Service Commission' in Entry 41 did not apply to Union Territories. The Court concluded that the GNCTD could exercise executive powers over services only as delegated by the Central Government. 2. The exclusion of the jurisdiction of the Anti-Corruption Branch (ACB) of the NCTD to investigate offences committed under the Prevention of Corruption Act, 1987 by the officials of the Central Government: The Court upheld the validity of the notifications dated July 23, 2014, and May 21, 2015, which limited the jurisdiction of the ACB to employees of the GNCTD. It was held that the term 'Police' in Entry 2 of List II excluded the jurisdiction of GNCTD over police matters, including the investigation of Central Government officials by the ACB. The Court emphasized that the exclusion of Entries 1, 2, and 18 from the legislative competence of the Delhi Legislative Assembly meant that the GNCTD could not exercise executive power over these matters. 3. Whether the GNCTD is an “appropriate Government” under the Commission of Inquiry Act, 1952: The Court held that the expression 'State Government' in the Commission of Inquiry Act did not include the GNCTD. The Court referred to Section 3(60) of the General Clauses Act, which defines 'State Government' in relation to Union Territories as the Central Government. The Court concluded that the GNCTD was not the 'appropriate Government' under the Commission of Inquiry Act, and the power to appoint a Commission of Inquiry vested with the Central Government. 4. Whether under Section 108 of the Electricity Act, 2003 and under Section 12 of the Delhi Electricity Reforms Act, 2000, the power to issue directions with the State Commission is with the Government of NCT of Delhi: The Court held that the GNCTD had the power to issue directions under Section 108 of the Electricity Act, 2003, and Section 12 of the Delhi Electricity Reforms Act, 2000. The Court observed that the term 'Government' in the Delhi Electricity Reforms Act referred to the Lieutenant Governor, who was to act on the aid and advice of the Council of Ministers. The Court set aside the High Court's decision, holding that the GNCTD had jurisdiction to issue the notification dated June 12, 2015. 5. Whether the Revenue Department of the GNCTD has the power to revise the minimum rates of Agricultural Land (Circle Rates) under the provisions of Indian Stamp Act, 1899: The Court held that the notification dated August 4, 2015, revising the circle rates was within the legislative competence of the GNCTD under Entry 63 of List II, which deals with rates of stamp duty. However, the Court emphasized that the decision of the Council of Ministers must be communicated to the Lieutenant Governor for his views before implementation. The Court upheld the High Court's decision that the views of the LG should have been sought before issuing the notification. 6. Whether it is the Lieutenant Governor or the GNCTD which has the power to appoint the Special Public Prosecutor under Section 24 of the Cr.PC: The Court held that the power to appoint a Special Public Prosecutor under Section 24(8) of the Cr.PC vested with the Lieutenant Governor, who must act on the aid and advice of the Council of Ministers. The Court noted that the expression 'State Government' in Section 24(8) of the Cr.PC included the GNCTD, and the appointment of a Special Public Prosecutor was within the executive competence of the GNCTD. Conclusion: The Supreme Court provided a detailed analysis of the constitutional and legal framework governing the powers of the GNCTD and the Lieutenant Governor. The Court upheld the validity of the notifications limiting the jurisdiction of the ACB and clarified the legislative and executive competence of the GNCTD in various matters. The Court emphasized the need for harmonious functioning between the GNCTD and the Lieutenant Governor, with the latter acting on the aid and advice of the Council of Ministers in most matters.
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